Smoking ban extended in forests to combat fires

The law on the fight against the risk of fires places in the hands of the prefects the possibility of banning smoking in certain forests. An amendment specifies that throwing a cigarette butt can be considered as one of the causes that can "unintentionally cause the fire of woods and forests".

In both indoor and outdoor spaces, cigarettes are a major source of fires. This issue was addressed in two ways in the law aimed at strengthening prevention and the fight against the intensification and spread of fire risk, adopted in first reading in the Senate on 4 April 2023.[1]The first is to expand the possibilities of banning smoking in forests, the second now qualifies the throwing of cigarette butts as one of the causes of forest fires.

The ban on smoking in the forest now depends on the prefect

Several municipal or prefectural decrees already prohibit smoking in certain forests. The adopted law adds article L.134-19 to the forestry code, stating that “Smoking is prohibited in the woods and forests governed by this chapter and up to a distance of 200 meters from these woods and forests during the risk period defined by order of the State representative in the department.”[2] It is therefore up to the prefect to decide whether to ban smoking in woods and forests, although the measure is limited to those classified as "fire risk" or located in areas "known to be particularly exposed to fire risks".

In 2022, as part of fire prevention, certain municipalities from Gard And from the Vosges had adopted the very first orders prohibiting, sometimes temporarily, smoking in vehicles crossing the municipality. An investigation IPSOS/Vinci The July 2021 survey had, for its part, pointed out that more than a quarter of smokers admit to throwing their cigarette butts out of the vehicle window.

Cigarette butts thrown, explained as cause of fires

Qualified as “waste from smoking products”, the cigarette butt is for the first time explicitly designated as a possible cause "unintentionally cause the burning of woods and forests", in an amendment supplementing this law on the risk of fire[3]. Just like fireworks and flammable products, a fire caused by a cigarette butt could lead to criminal prosecution, and the person who threw the cigarette butt could face up to ten years in prison and a fine of 150,000 euros in the event of the death of one or more people.

These provisions contribute to denormalizing the act of smoking, particularly in forests, and to demarcating the areas in which smoking is no longer permitted. By clearly stating the risks induced by discarded cigarette butts and the legal responsibility of smokers, they should prove more effective than the pocket ashtray distribution operations orchestrated by tobacco manufacturers and the Confédération des buralistes.

M.F.